header-logo header-logo

Be prompt if challenging jurisdication

11 May 2017
Issue: 7745 / Categories: Legal News
printer mail-detail

Challenges to jurisdiction must be made as early as possible in cases involving exclusive jurisdiction agreements, the Court of Appeal has indicated.

The case, Apex v Global Torch [2017] EWCA Civ 315, was the latest stage in the long-running Re Fi Call Ltd litigation, an international fraud case arising from telecommunications developments in the Middle East. Although judgment had already been given on the litigation, Apex attempted to stay part of the judgment because it related to a share purchase agreement with an exclusive jurisdiction agreement limiting dispute resolution to the courts of Saudi Arabia.

Dismissing the appeal, the court held that Apex had waived its right to rely on the exclusive jurisdiction agreement by engaging in the litigation without raising a jurisdiction challenge earlier. Instead, it should have raised a challenge when it became aware Global Torch was relying on the share purchase agreement.

Michael Ryan, of 7KBW, who appeared for Global Torch, said: ‘The decision emphasises the need for jurisdiction challenges to be made as early as possible.’

Issue: 7745 / Categories: Legal News
printer mail-details

MOVERS & SHAKERS

Quinn Emanuel—James McSweeney

Quinn Emanuel—James McSweeney

London promotion underscores firm’s investment in white collar and investigations

Ward Hadaway—Louise Miller

Ward Hadaway—Louise Miller

Private client team strengthened by partner appointment

NLJ Career Profile: Kate Gaskell, Flex Legal

NLJ Career Profile: Kate Gaskell, Flex Legal

Kate Gaskell, CEO of Flex Legal, reflects on chasing her childhood dreams underscores the importance of welcoming those from all backgrounds into the profession

NEWS
One in five in-house lawyers suffer ‘high’ or ‘severe’ work-related stress, according to a report by global legal body, the Association of Corporate Counsel (ACC)
The Legal Ombudsman’s (LeO’s) plea for a budget increase has been rejected by the Law Society and accepted only ‘with reluctance’ by conveyancers
Overcrowded prisons, mental health hospitals and immigration centres are failing to meet international and domestic human rights standards, the National Preventive Mechanism (NPM) has warned
Two speedier and more streamlined qualification routes have been launched for probate and conveyancing professionals
Workplace stress was a contributing factor in almost one in eight cases before the employment tribunal last year, indicating its endemic grip on the UK workplace
back-to-top-scroll